Query from Dipti Arora

I am from Maharashtra, I recently purchased a new car and, I have sold my old car to uncle residing in the same society. He owns two flats and now have to cars, he has applied for a second parking on 24th December but the society is denying him for the second parking as the car is still not transferred in his name.

Further even after sending them second written request with declaration that he will take the responsibility of the car (3rdJan) they have chosen not to respond and now have passed a back dated resolution ( 29th December ) that without proving the ownership with some document they will not allow parking to anyone .

The resolution was only received by us in 4th Jan. They do have parking slots vacant. Please advice can they deny them the parking in such case. Is ownership proof is mandatory when sold between family?

I C Naik

Dear Dipti

Parking Rules are specified in registered bye-laws of every housing society. Not in every housing society parking rules are same. You can understand that without going through the concerned bye-laws it is difficult to advise accurately.

Insisting on ownership of a car by a member is quite relevant now from security point also if not for anything else. Bye-laws are binding on members. one bye-law provides “A member, having a motor vehicle, will only be eligible to have stilts or a parking space “ this means the applicant member must prove that he is having a car. At the same time many practical-minded managements do not insist on technicalities of ownership in the sense of registration. For example, my son owns a car, but I don’t, as I am retired. This does not mean the society does not allow my son to park a car. But theoretically the society is right, even if no resolution was passed. You can suggest to the Hon. Secretary that till the registration is done in the name of a member 200% of Normal Parking charges   will be paid to the society. In this manner the society also benefits and a place does not remain unoccupied. Registration will also not be delayed.

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